Category: Criminal Offenses · Statute: F.S. 162 · Source: Florida Legislature
Understanding Local Ordinance Violation in Florida
In Florida, a local ordinance violation occurs when an individual breaches a law enacted by a county or municipality rather than a state statute. Under Chapter 162 of the Florida Statutes, local governments are granted the authority to create and enforce these codes to promote public health, safety, and welfare. While many ordinance violations—such as zoning discrepancies or minor animal control issues—are treated as civil infractions, others are classified as criminal offenses. When a local ordinance carries criminal penalties, Florida law generally categorizes it as a second-degree misdemeanor, which is punishable by up to 60 days in the county jail and a fine of up to $500.
These violations typically arise from localized quality-of-life regulations, such as public open container restrictions, noise disturbances, or trespassing after a warning on municipal property. Law enforcement officers in Florida have the discretion to address criminal ordinance violations by either issuing a physical arrest warrant or releasing the individual with a criminal citation (a "notice to appear") that requires them to attend a specific court date. Because these laws vary significantly between different cities and counties, an action that is perfectly legal in one Florida municipality could result in a criminal charge just a few miles away.
Bail and Pretrial Release for Ordinance Violations
For criminal local ordinance violations that result in a physical arrest, pretrial release is typically straightforward. Because these offenses are classified as minor misdemeanors, they generally qualify for immediate release under local county bond schedules, often requiring a minimal cash bond or release on recognizance (ROR) without a formal hearing. However, if an individual has outstanding warrants or a history of failing to appear in court, they may be held until a first appearance judge sets a specific bail amount to ensure their return to court.
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